This Court stayed the operation of a temporary injunction restraining the petitioner from interfering with the respondents' possession of suit property and obstructing the use of water sources, directing expedited hearing of the underlying civil suit.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION.
Writ Petition No.5070 Of 2012.
Pramod Tukaram Salunke
:: Petitioner.
Versus
Atmaram Baban Kanhere & Ors.
:: Respondents.
Mr. J.D. Khairnar, Advocate for the Applicant.
None for the Respondents.
CORAM :: RANJIT MORE, J. DATED :: 17th December, 2012.
P.C. :-
By the the order dated 23rd August, 2011 passed by the Civil Judge,(Jr.Divn.), Karmala, Dist. Solapur in Regular Civil Suit No. 87 Of 2011, the petitioner ( Ori.Deft.1) is restrained temporarily from causing interference in respondents' possession in the suit property. Temporary Injunction was also granted restraining the petitioner from obstructing the respondents from fetching water from the common well and bore well. This injunction was granted on 23rd August, 2011 by the trial court was also confirmed by the Appellate Court in Civil Misc.Appeal No.106 Of 2011 by the impugned order dated 23rd December, 2011.
[2] The concurrent findings recorded by the both the courts below is bases on the observation that, original respondents have made out a prima face case and balance of convenience lies in their favour; and on the basis of these, injunction was granted in favour of the respondent. Injunction is in
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operation since last one year. In that view of the matter, I do not find any error in the impugned order, which would enable me to interfere with the same in writ jurisdiction of this Court under Article 227 of the Constitution of India. However, hearing of Regular Civil Suit No. 87 Of 2011 pending on the file of the Civil Judge,(Jr.Divn.), Karmala, Dist. Solapur is expedited.
(RANJIT MORE, J.)
2 issues framed by the court
Whether there is any error in the impugned order granting temporary injunction to restrain the petitioner from interfering with the respondents' possession of the suit property.
Whether the High Court can interfere with the impugned order under Article 227 of the Constitution of India.
Pramod Tukaram Salunke
Atmaram Baban Kanhere
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
